Lucent told FCC last week in ex parte letter that “no manufacturer” had equipment that would be commercially ready for Oct. deadline for Phase 2 of Enhanced 911. Lucent letter came as Commission had waiver requests from every major carrier for Phase 2 deadline stacked up. Lucent cited “complexity of the solutions and the need for complete testing between handset, switch and other vendor software and equipment” as among reasons why no equipment-maker, “including Lucent,” would have gear ready in time. Lucent listed pending waiver requests from its customers, including Alltel, AT&T, Cingular, Corr Wireless, Nextel, Qwest Wireless, Sprint PCS, Telcorp, Verizon Wireless. “The filings present a consistent message: no manufacturer currently has a generally available E911 phase 2 solution, so carriers cannot deploy them in time to meet the deadline.” Lucent said it backed requests from all of its customer carriers for extension. Company urged FCC to grant individual extensions that “take into account the planned availability dates and the carriers’ ability to test and deploy solutions once they become available.”

Tex. PUC approved plan by city of Austin to institute 311 calling for nonemergency police and fire calls. City plans to inaugurate 311 calling in Sept. to relieve pressure on its 911 system. FCC has designated 311 number for public safety calls that don’t involve immediate danger to life or property. Austin officials said that if 311 was successful, they might in future expand that system to other city services such as public works, animal control, code compliance. City’s plans include comprehensive public education campaign and inclusion of 311 information in future editions of phone directories.

Assn. of Public Safety-Communications Officials (APCO) said AT&T Wireless and TRW pledged support for Project Locate, which is designed to help ease implementation of Enhanced 911. Others supporting program include Cingular Wireless, Federal Highway Administration Intelligent Transportation Systems Joint Program, HiTech Systems, Intrado, Schema Systems.

Verizon reached agreement with W.Va. PSC and agency’s Consumer Advocacy Div. on new price cap regulation plan that would be successor to 1988 plan that expired earlier this year. Under new program, Verizon will cap basic rates until 2005, except for $20 million in specified rate reductions over life of program. Carrier also agreed to contribute $15 million to W.Va. project to upgrade all 911 systems in state with enhanced 911 emergency location capabilities.

U.S. Cellular Corp. (USCC) and Rural Cellular Assn. (RCA) petitioned U.S. Appeals Court, D.C., for en banc hearing to reconsider its ruling that upheld FCC decision to remove carrier cost-recovery requirement as precondition to provision of Enhanced 911 service. Corr Wireless, part of rural carrier group challenging original FCC order, also is seeking D.C. Circuit review. In order, Commission had deleted carrier cost recovery precondition, which was seen as slowing down rollout of E911 services. Agency concluded carriers didn’t have to meet E911 Phase 1 and Phase 2 requirements until guaranteed state or local govt. funding was in place. Rural carriers, including USCC, had challenged FCC decision, and D.C. Circuit sided with Commission (CD July 2 p1). “Despite a directly analogous wireline model where the incumbent local telephone monopoly charges the state and local governments to provide comparable wireline E911 service, the panel decision affirmed the FCC’s orders that created this unfunded mandate on wireless carriers,” petition said. RCA and USCC argued that ruling ignored Sec. 201 of Communications Act, which limits FCC authority to regulate wireless carriers through Administrative Procedure Act and other legislative provisions. Calling decision to roll back carrier cost recovery conditions “irrational,” RCA and USCC asked court to rehear case and vacate FCC’s order. Rural carriers cited D.C. Circuit decision in 1996 in CompTel case in which court said Communications Act barred departures from principles of cost causation without compelling justification. Rural carriers contend that FCC order at issue departs from that principle because public safety answering point that orders E911 service from wireless carrier “has been excused from paying” for service. Petition said: “No reasonable court would sustain a federal order requiring ambulance makers to provide ambulances for free to state and local governments because the emergency rescue service was otherwise in the ‘public interest.’ Because the FCC orders at issue effectively require the very same thing, this court should rehear this case and vacate the FCC orders under review.” Rural carriers said issues were of “exceptional importance.” They said FCC mandate would require operators to spend billions of dollars to upgrade their networks to meet E911 Phase 2 deadline of Oct. 1.

U.S. spectrum policy should move away from current “piecemeal” approach, particularly on upcoming 3G decisions, CTIA Pres. Tom Wheeler said Wed. At press lunch, he said current 3G discussions between industry and govt. presented opportunity to craft national spectrum policy plan that would look at timelines such as 5 to 10 years and be updated periodically. “What we have to break ourselves of is this piecemeal spectrum policy approach,” he said. With larger “pot” of spectrum on which to base decisions, policymakers would have more flexibility, he said. Asked about recent FCC decision to delay Ch. 60-69 auction and impact on 3G timelines, Wheeler said 700 MHz band was “potentially part of the solution because it provides alternatives for migration and other such developments.” He said “that’s beachfront property” with potential interest for Dept. of Defense. Overall uncertainty involving NextWave licenses takes 30 MHz of wireless spectrum off table now for any carrier to use, he said. Lauding attention that govt. players such as Commerce Dept. and FCC have paid to 3G decisions, Wheeler again called for Commission to eliminate spectrum cap to provide nearer term relief. “What is happening is pressure is building up… and there has to be this escape valve,” he said. After recent House and Senate hearings on 3G, discussions have continued with wireless industry and govt. at White House “involving all of the major players” in debate on how advanced wireless spectrum would be carved out, he said. As for carriers’ Enhanced 911 Phase 2 waiver requests, Wheeler stressed extent to which both public safety answering points (PSAPs) and wireless industry had to grapple with readiness. But he cited report that Assn. of Public-Safety Communications Officials estimated 10% of PSAPs involved Phase 1 complaint. Wheeler said that by contrast. all wireless carrier switches were Phase 1 ready. “What I have been trying to say to the PSAP community is we are going to be there, what are you going to do to ensure you will be able to take that latitude and longitude information and use it? I hope they come up with a plan,” Wheeler said. Separately, he touted early attendance and exhibitor figures for CTIA Wireless I.T. and Internet 2001 show in San Diego in Sept. Exhibitor registration figures are up 122% over last year, when 206 firms exhibited. Attendee preregistration also is running ahead of last year, he said. Wheeler said reported increases in IT spending and CTIA show figures point to uptick for wireless data industry. “We're starting to come out of the wilderness insofar as wireless data is concerned,” Wheeler said.

Triton PCS, largest AT&T Wireless affiliate, has joined line of carriers at FCC seeking waiver for upcoming Oct. 1 deadline for Phase 2 of Enhanced 911 (E911). Triton asked Commission for waiver of E911 Phase 2 location accuracy requirements to allow it to provide Phase 2 services using Mobile-Assisted Network Location System technology in existing TDMA network and Enhanced Observed Time Difference of Arrival technology in planned GSM network. Triton said in petition that manufacturers informed it “less than 2 months ago” that they no longer planned to make GPS-equipped TDMA handsets. “Triton believes that there currently is no automatic location information technology that can fully satisfy the E911 Phase 2 accuracy requirements within the time frames prescribed in the FCC’s rules,” carrier told agency. Triton said its Phase 2 plans also were affected by AT&T Wireless’s plans for GSM overlay network that would replace its existing TDMA infrastructure. AT&T Wireless, Cingular, Nextel, Qwest Wireless, Sprint PCS and Verizon Wireless are among carriers with waiver petitions pending before FCC. Meanwhile, Commission requested comment on E911 Phase 2 waiver request from Alltel. Alltel asked last month for waiver to allow it to deploy assisted-GPS hybrid E911 Phase 2 solution on timeline that deviated from FCC rules. Alltel proposed 9-month deferral of penetration benchmarks in FCC regulations. It said it wasn’t seeking waiver from Dec. 31, 2005, target of 95% penetration. Alltel also requested waivers of deployment deadlines for its Lucent, Motorola and Nortel switches. Meanwhile, Qualcomm told FCC in ex parte filing that Commission’s grant of AT&T Wireless and Cingular waiver requests “would both delay the initiation of E911 service for subscribers and would allow the carriers to deploy technologies which do not meet the FCC’s accuracy requirements.” Qualcomm told agency it shouldn’t weaken E911 accuracy requirements by allowing waivers. It also stressed that it was on track to make MSM3300 chipsets available in advance of Oct. 1 deadline. Chipset lets handset manufacturers equip 2nd generation phones with wireless-assisted GPS.

Verizon in Fla. introduced new subscription option associated with 911 service. Under Verizon’s “Notify Now” 911, customers can designate up to 6 numbers in Fla. or anywhere else in U.S. that will be called automatically when 911 call is placed from customer’s home phone. Numbers can be landline or cellphone, but not pager. Service, which costs $5 to set up and $3.95 monthly, will redial busy or unanswered phones for up to 50 min., and leave its message if contact person has answering machine. Service doesn’t run through 911 system and 911 operators won’t be able to provide additional information. Its purpose is to provide alert that something is amiss, but contactees will have to follow up on their own. Verizon service uses technology of Cal.-based 911Notify. Service is starting in Tampa Bay area but Verizon plans to offer it elsewhere.

Ill. Gov. George Ryan (R) signed bill to make “cyberstalking” a crime. Under new law (SB-233), crime of cyberstalking is defined as using e-mail or other forms of online communication to send threats of bodily harm, sexual assault, restraint or confinement to another person on 2 or more occasions. Crime carries same penalties as traditional forms of stalking, including up to 3 years in prison on first offense and up to 5 years for additional offenses. Ryan said cyberstalking could be more dangerous than traditional forms of stalking because of challenge for victims and police to prove offense had occurred. He said bill would help ensure cyberstalking cases were treated in same way as other types of stalking. Ill. becomes 31st state with cyberstalking law. Ryan also signed another telecom-related bill (HB-476) that exempts prisons from enhanced 911 phone law that requires customers with large buildings to have internal phone systems that automatically pinpoint exact location on premises where emergency is occurring. Efforts to add schools to exemption bill failed, and schools say they must pay tens of thousands of dollars to comply with E911 location law.

Denver City Council’s safety and personnel committee recommended city approve $812,000, 5-year contract with Qwest for reverse 911 services. Service would allow city officials to phone and play recorded warnings to specific individuals, neighborhoods or blocks that faced danger in emergencies such as chemical spills, storms or prisoner escapes. Service would be restricted to situations where public had to know about its danger right away and where there would be dire consequences if public wasn’t warned. City officials said Qwest’s 23-cent charge per reverse 911 call would help ensure technology was used sparingly, and only handful of officials, such as city’s police and fire chiefs, would be authorized to activate reverse 911 system. Denver 3 years ago investigated setting up its own reverse 911 system but found technology wasn’t ready yet and city didn’t have access to updated phone number lists and unlisted numbers. Qwest-provided system would be based on Qwest’s own 911 databases. City Council may make decision on reverse 911 contract next week, officials said. Other jurisdictions have looked at reverse 911 idea and some have deployed it for limited-scale applications. Vt. last week abandoned plans for a statewide reverse 911 system.